Ohio Legal Rights Service (OLRS) Headlines
2007 Archives
The OLRS Headlines section provides information about activities, announcements, and opinions of the Ohio Legal Rights Service. These are the headlines from 2007.
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December 28, 2007: HHS passes final rule eliminating certain rehabilitative and school-based services rules
The Federal Register included the final rule from the Department of Health and Human Services (HHS) to eliminate Federal Medicaid payment for the costs of certain school-based administrative and transportation activities. The rule will go into effect on February 26, 2008. Read more: HHS announces final rule to eliminate Federal Medicaid payment for costs of certain school-based administrative and transportation activities
December 26, 2007: Moratorium placed on implementing proposed Medicaid rules
A six-month moratorium was placed on implementing proposed Medicaid rehabilitative services and school-based services rules. Read more: Congress passes moratorium on implementing proposed rules related to Medicaid rehabilitative services and school-based services
December 14, 2007: OLRS files complaint on behalf of residents of Fairfield Center
OLRS filed a complaint in the U.S. District Court, Southern District of Ohio, seeking the community placement of those residents living at Fairfield Center, an Intermediate Care Facility for the Mentally Retarded (ICF/MR) located in Butler County. OLRS alleges that the Defendants have discriminated against Plaintiffs by failing to place them in integrated community settings that are appropriate to their needs. The complaint was filed on behalf of three residents against the Butler County Board of Mental Retardation and Developmental Disabilities and Alexson Holdings, Inc., the company managing Fairfield Center. See: OLRS Files Complaint in U.S. District Court; Seeks Community Placements for Residents Living at Fairfield Center
December 12, 2007: Court decision in motion to dismiss lawsuit against Franklin County Sheriff
A court refused to dismiss a case brought by the Ohio Legal Rights Service (OLRS) against the Franklin County Sheriff. OLRS brought the lawsuit after the Sheriff refused to give OLRS' Ombudsperson section its records concerning an individual with a disability who had died after being released from the Franklin County Jail. See: Court Agrees that OLRS Lawsuit Should Go To Trial
December 11, 2007: CMS approves IO Waiver amendment
The Centers for Medicare and Medicaid Services has approved Ohio's amendment to the Individual Options (IO) waiver. The amendment increased the maximum number of participants to be served and made changes to the new waiver reimbursement methods, specifically for individuals who "share" IO waiver services. The IO waiver amendment also incorporated changes to the Adult Day Services, and included the new service of Adult Foster Care. See: CMS Approves Individual Options (IO) Waiver Amendment
December 5, 2007: Fall issue of the OLRS Quarterly newsletter
Read the latest edition of the OLRS Quarterly newsletter. See: OLRS Quarterly - Fall 2007
November 30, 2007: Delay in implementing Medicaid Buy-In
The Strickland Administration has announced a delay in the implementation of Ohio's Medicaid Buy-In for Workers with Disabilities (MBI-WD) program. Originally projected to start on January 1, 2008, MBI-WD will not go into effect until April 1, 2008. The delay is a significant setback to Ohio workers with disabilities, who would be using the MBI-WD to enable them to work, become self-sufficient, and contribute to Ohio's economy.
November 28, 2007: ODJFS withdrawals proposed rules
The Ohio Department of Job and Family Services has announced that it is delaying proposed rules that would limit the scope of services available to many adults and children under Ohio Medicaid. The proposed rules were scheduled to be reviewed by JCARR on Monday, December 3. Read more: ODJFS delays proposed rules that would limit Medicaid covered services
November 27, 2007: Request for OCR to review IO waiver placements
OLRS requests the U.S. Department of Health and Human Services, Office for Civil Rights to review IO Waiver placements. See: OLRS Requests OCR Review of IO Waiver Placements
November 23, 2007: Proposed limitations to Medicaid rehabilitative services
OLRS comments on proposed limitations to Medicaid rehabilitative services. See: Letter from OLRS commenting on proposed changes and limitations to Medicaid covered services (PDF file)
November 13, 2007: Support for Medicaid Buy-in Rule
OLRS sends a letter of support for the adoption of the Medicaid Buy-in rule to the Ohio Department of Job and Family Services.
November 6, 2007: OLRS supports Senate Bill 157
OLRS supports Senate Bill 157, a bill that allows parents of adults with intellectual or cognitive disabilities to nominate in their wills a person to be the guardian of that adult child. See: Letter of support for House Bill 157 (PDF file)
November 5, 2007: Proposed Rule to Eliminate Reimbursement for Certain School Expenditures
OLRS sent comments to the Centers for Medicare & Medicaid Services on a proposed rule that would eliminate reimbursement under Medicaid for school administration expenditures and costs related to transportation of school-age children between home and school. See: OLRS comments on proposed rule that would eliminate reimbursement under Medicaid for school administration expenditures and transportation-related costs (PDF file)
October 25, 2007: Deal v. Hamilton County Department of Education
OLRS was granted leave to file its "friend of the court" brief in support of parents' appeal in Deal v. Hamilton County Department of Education. See: Deal v. Hamilton County Department of Education: OLRS granted leave to file its brief
October 12, 2007: Medicaid rehabilitation rule
OLRS submits comments in response to the proposed Medicaid rehabilitation option rule. See: OLRS Comments for the Notice of Proposed Rule, "Medicaid Coverage: Coverage for Rehabilitative Services" (PDF file)
October 3, 2007: Senate Bill 53
OLRS offers written testimony as an interested party in consideration of Amended Senate Bill 53, a proposed bill to amend the Ohio Revised Code to permit a licensed professional clinical counselor to take certain people who are mentally ill into custody and transport them to a hospital. See: Testimony of Ohio Legal Rights Service on Amended Senate Bill 53 (PDF file)
October 1, 2007: OLRS agency priorities
The OLRS Commission approved OLRS' agency priorities for FFY 2008 at the Commission meeting on October 1. See: Agency Priorities: Programmatic Priorities for Federal Fiscal Year (FFY) 2008
September 27, 2007: Report on Ohio's death penalty system
The American Bar Association issued a report that analyzes Ohio's death penalty system and provides recommendations for improvement. See: ABA evaluates Ohio's death penalty system; recommends excluding individuals with serious mental disorders from being sentenced to death and/or executed
September 21, 2007: OLRS assists vendor to restore business
A vendor who operated the cafeteria in a state office building requested OLRS assist him in asserting his rights through the Randolph-Sheppard Act. See: OLRS assists vendor to restore his business, including $74,000 in damages
September 21, 2007: Smoking ban
A county Board of Mental Retardation and Developmental Disabilities attempted to enact a smoking ban on clients who have providers working in their homes based on the Smoke Free Workplace Act and OLRS challenges this ban. See: OLRS challenges smoking ban on individuals with disabilities who receive in-home services
September 21, 2007: OLRS supports Plaintiffs to graduate from college
OLRS was able to help several of Plaintiffs graduate from college while a case filed against the Rehabilitation Services Commission was pending. This was done despite the fact that the Court granted the Defendants' motion to dismiss. See: OLRS supports plaintiffs efforts to graduate from college, but court dismisses case challenging RSC's "Expected Family Contribution" rule
August 20, 2007: EPSDT class action lawsuit
The U.S. District court has ordered ODJFS to comply with OLRS' request for records and documents in the EPSDT class action lawsuit filed by OLRS. The departments had denied OLRS' request for records based on their concerns about confidentiality. See: Court Orders Discovery in EPSDT Lawsuit
June 1, 2007: OLRS submits comments to the Ohio Department of Education on proposed IDEA rules
March 12, 2007: Deal v. Hamilton County Department of Education
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